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Making Move Aways Work

After a marriage dissolves and child custody disputes are settled, former spouses and children begin the next stage of their lives. During this time, parents are encouraged[H1] to continue working respectfully to care for their children. But economics and other factors lead to new upheaval when a custodial parent wants, or needs, to make a residential move beyond the generally established radius of 50 miles from the non-custodial parent.

When a custodial parent wants to relocate, family law requires an application be made to the court, and the non-custodial parent. Oftentimes, agreements reached between parents or decided by the court are in the best interests of children involved. Other times, aggressive representation from an experienced attorney is necessary to protect your rights—and relationship with your children.

Some tips for making relocation work

When a move goes forward, the court usually recommends a liberal post-relocation visitation schedule for the non-custodial parent. Beyond that, important tips for making relocation work for a divorced family include:

  • Work with your ex-spouse to keep communication free flowing. Easy correspondence between parents makes for easier transitions for children
  • Use technology to stay up-to-date with your child. Webcams are an enormous improvement on telephone calls and texts and email can keep your relationship with your child casual and fun
  • Respect transition. Relationships strained by divorce and distance take time to adjust, but can if given respect and breathing room

Regardless of distance, children reside forever in heart and mind. Even if the change makes sense for your child, work with your attorney and your ex-spouse to make sure a move away is not a give-away.

 


[H1]http://www.nycourts.gov/ip/parent-ed/ParentsHandbook.pdf

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